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Thomas Rossley, Jr. v. Drake University, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-3258 · judgment November 5, 2020


Certiorari denied · March 22, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does the conflict in fact among the Circuits involving, on the one hand, Doe v. Purdue, 928 F.3d 652 (7th Cir. 2019) (Barrett, J.), Doe v. University of Sciences, 961 F.3d 203 (3d Cir. 2020), Doe v. Oberlin, 963 F.3d 580 (6th Cir. 2020), Doe v. Univ. of Arkansas–Fayetteville, 974 F.3d 858 (8th Cir. 2020), and Schwake v. Arizona Bd. of Regents, 967 F.3d 949 (9th Cir. 2020), and, on the other hand, Doe v. University of Denver, 952 F.3d 1182 (10th Cir. 2020). and Rossley Jr. v. Drake, 979 F.3d 1184 (8th Cir. 2020), regarding the cause of action for Title IX discrimination in college and university disciplinary decisions present important federal questions of law that the U.S. Supreme Court should consider?

  2. Does the dismissal on summary judgment of a disability discrimination claim involving failure to provide reasonable accommodations under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12182(a), brought by a plaintiff university student with disabilities, present important federal questions of law the U.S. Supreme Court should consider when the dismissal is on the ground that the disabled student failed to request accommodations in a university disciplinary proceeding when: (a) the university was on constructive notice of the disabilities due to the provision of accommodations in the academic context, (b) the university has no formal mechanism for requesting accommodations in the disciplinary context, and (c) the student’s father, who was also a Trustee at the university

Counsel of record

For petitioner
Philip A. Byler
Law Offices of Philip A. Byler

For respondent
Debra Lynne Hulett
Nyemaster Goode, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 22 2021
    Petition DENIED.
  2. Mar 03 2021
    DISTRIBUTED for Conference of 3/19/2021.
  3. Feb 23 2021
    Waiver of right of respondent Drake University; Drake University Board of Trustees to respond filed.
  4. Feb 03 2021
    Petition for a writ of certiorari filed. (Response due March 10, 2021)